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JAMES RIVER CORP. v. EMPLOYMENT DIV.

88-AB-99; CA A47539.

765 P.2d 217 (1988)

94 Or.App. 268

JAMES RIVER CORPORATION, Petitioner, v. EMPLOYMENT DIVISION and Steven G. Gribble, Respondents.

Court of Appeals of Oregon.

Decided December 7, 1988.

Attorney(s) appearing for the Case

Steven J. Nemirow, Portland, argued the cause for petitioner. With him on the brief were Richard N. Van Cleave and Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Div. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent Steven G. Gribble.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Claimant was discharged for being intoxicated while at work at employer's paper mill. His condition was the culmination of a day of heavy drinking which preceded his reporting to work. Employer seeks review of EAB's decision that, because claimant is an alcoholic, his misconduct was not "wilful," ORS 657.176(2)(a); OAR 471-30-038(3), and he is therefore entitled to unemployment compensation. We...

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